1413 
•Hf 


BANCROFT    LIBRARY 


THE  OFFICE  OF  ADELANTADO 


UOSCOE  R.  HTLL 


iUNTED  FROM  POLITICAL  SCIENCE  QUARTERLY 
Yoi.r.ME  XXVIII.  No.  4,  DECEMBER,  1913 


NEW  YORK 
LISHED  BY  GINN    &    COM  PAS'  V 


THE  OFFICE  OF  ADELANTADO 


BY 


ROSCOE  R.  HILL 


REPRINTED  FROM  POLITICAL  SCIENCE  QUARTERLY 
VOLUME  XX VIII,  No.  4,  DECEMBER,  1913 


NEW  YORK 

PUBLISHED  BY  GIN N   &   COMPANY 
1913 


H4- 


THE  OFFICE  OF  ADELANTADO 

THE  office  of  adelantado  was  one  of  the  oldest  conferred 
in  mediaeval  Spain.  "  In  the  history  of  San  Pedro  de 
Arlanga  it  is  said  that  Nuno  Nunez,  judge  of  Castile, 
married  Theudia,  daughter  of  Theudio,  adelantado  of  Leon."  J 
This  statement  carries  the  title  back  to  the  tenth  century. 
More  definitely  it  is  known  that  Fernan  Fernandez  was  adelan- 
tado of  Estremadura  in  the  time  of  Alfonzo  VIII,  the  Good 
(1158-1214).  The  first  mention  of  the  office  in  Spanish  legis- 
lation is  found  in  the  time  of  Ferdinand  III  (1217-1252),  but 
it  is  not  until  the  reign  of  his  successor,  Alfonzo  X,  the  Learned 
(1252-1275),  that  the  nature,  qualifications  and  functions  of 
the  adelantado  were  set  forth  in  legal  terms.  They  appear  in 
the  two  general  codes,  El  Especulo 2  and  Las  Siete  Partidas? 
as  well  as  in  a  special  code  entitled,  Leyes  para  los  Adelantados 
Mayores*  During  the  succeeding  reigns,  as  occasion  demanded, 
modifications  and  additions  were  made  to  this  early  legislation. 
There  were  two  kinds  of  adelantados.  The  adelantado  del 
rey,  de  corte  or  mayor  was  a  more  immediate  representative  of 
the  king,  while  the  adelantado  de  comarca,  fronterizo  or  menor 
was  the  more  common  type.  Although  of  great  importance, 
the  former  office  seems  early  to  have  fallen  into  disuse,  its 
functions  passing  to  other  high  officials,  since  all  mention  of  it 
is  omitted  from  the  later  codifications. 

1  Salazar,  Origen  de  las  dignidades  seglares,  fol.  60  b. 

2  Libro  4,  titulo  2,  ley  n.  3  Partida  2,  titulo  9,  ley  19. 

*  The  several  codes  may  be  found  in  convenient  form,  reprinted  in  full,  in  Los 
C6digos  Espanoles,  edited  by  San  Martin  in  twelve  volumes.  There  is  a  very  satis- 
factory introduction  to  each  code.  Martinez  Alcubilla,  C6digos  de  Espafia,  is  a  one- 
volume  work  of  no  especial  merit*.  It  contains  only  a  brief  note  on  the  Especulo, 
For  a  summary  in  English  of  Las  Partidas  and  El  Especulo,  see  Walton,  Civil  Law 
in  Spain  and  Spanish  America,  pp.  72,  75-77. 

5 Ordenamiento  Real  (1346),  lib.  2,  tit.  13;  Nueva  Recopilaci6n  (1681),  lib.  3,. 
tit.  4. 

646 


SBcroft 


E  OFFICE  OF  ADELANTADO 


According  to  the  provisions  of  the  earlier  codes,  the  adelan- 
tado  mayor  was  preeminently  a  judicial  officer,  occupying  the 
highest  rank  in  the  judicial  system  as  it  was  then  established.1 
The  name  of  the  office  was  derived  from  the  fact  that  the  sub- 
ject was  put  forward  into  the  king's  place.2  Because  of  the 
many  complaints  about  the  decisions  of  the  lower  judges,  the 
king  was  naturally  unable  to  hear  all  the  appeals  that  were 
brought  to  him  ;  and  he  accordingly  appointed  a  supreme  judge, 
who  was  called  the  adelantado  mayor  and  who  should  act  in  his 
stead.3  The  original  jurisdiction  of  this  officer  extended  even 
to  controversies  between  nobles  (rieptos),  which  might  lead  to 
wager  of  battle.  His  appellate  power  included  all  cases  subject 
to  appeal  from  the  lower  judges.4 

The  incumbent  of  so  responsible  a  position  was  to  be  a  man 
not  only  of  noble  family  {de  grand  linaje)  and  loyalty,  but  also 
of  prudence  and  wisdom.  Besides  these  characteristics,  he 
must  possess  the  general  qualifications  prescribed  for  the  judges 
of  the  realm.  According  to  the  law  the  judge  had  to  be  of  good 
family  (de  buen  linaje},  in  order  that  he  might  be  ashamed  ta 
make  any  mistakes  in  his  judgments.  He  should  be  a  man  of 
clear  intelligence,  so  as  to  understand  the  arguments  presented1 
by  the  lawyers,  capable  of  avoiding  all  undue  influence  and  of 
judging  rightly.  He  should  be  able  to  read  and  write,  that  he 
might  himself  examine  all  papers,  documents  and  petitions, 
which  might  be  presented.  He  should  be  even-tempered,  so 
as  not  to  complain  or  become  irritated  at  the  accusations  of  the- 
parties.  Finally,  he  should  render  exact  justice  to  every  one.* 

The  purpose  of  the  brief  code  of  five  laws,  known  as  Leyes- 
para  los  Adelantados  May  ores,  was  to  "  establish  the  rules  of 
conduct  to  which  the  said  functionaries  should  conform  them- 

1  For  a  discussion  of  the  judicial  system  of  Spain  in  this  period,  see  Danvila,  EJ 
Poder  Civil  en  Espana,  vol.  i,  p.  175. 

2  "  El  Rey  lo  adelanta,  poniendolo  el  Rey  en  su  lugar. "     The  vague  notions  pre-. 
vailing  among  writers  on  the  Spanish  dominion  in  America  as  to  the  meaning  of  the 
term  is  illustrated  by  Lowery's  definition  :   "  Adelantado,  a  title  derived  from  the  verb 
adelantar,  whi:h  signifies  to  advance,  to  keep  on,  to  surpass."     The  Spanish   Settle- 
ments in  the  United  States,  1513-1561,  p.  135. 

3  Partida  2,  titulo  9,  ley  19.  4  El  Especulo,  libro  4,  titulo  2,  ley  if, 
5  Partida  2,  titulo  9,  ley  18. 


'648  POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 

selves  in  the  exercise  of  the  duties  of  their  elevated  rank." 
The  first  of  the  laws  prescribes  that  the  incumbent  shall  take  a 
double  oath  concerning  the  interests  of  the  king  and  of  the 
people.  He  must  swear  to  honor  his  lord  and  counsel  him 
rightly,  to  keep  his  secrets  and  protect  his  rights.  He  must 
-also  swear  to  judge  justly  and  not  to  be  influenced  by  love  or 
hate  or  fear  or  supplication,  or  by  any  gifts  that  might  be 
•offered.  The  second  law  deals  with  the  matter  of  jurisdiction 
in  the  same  terms  as  the  Partidas,  except  that  it  goes  more 
fully  into  detail.  The  third  law  provides  the  form  of  the  oath 
to  be  taken.  The  fourth  law  deals  with  the  procedure  of  the 
adelantado  mayor  upon  his  entry  into  the  office.  He  should 
challenge  all  noblemen  who  were  not  keeping  the  peace — this 
being  rather  a  form  than  anything  else.  He  should  make  a 
tour  of  inspection  of  the  minor  judicial  districts  (merindades), 
•confirming  in  their  offices  the  minor  judges  (merinos)  who  had 
honestly  performed  their  duties,  and  removing  the  incompe- 
tents, at  the  same  time  causing  them  to  make  good  any  injuries 
or  injustices  that  they  might  have  committed,  and  putting  in 
their  places  men  who  would  enforce  the  laws  with  equity. 
Careful  instructions,  also,  were  given  as  to  the  procedure  of  the 
adelantado  mayor  in  the  ordering  and  carrying-out  of  investiga- 
tions that  had  to  do  with  misdemeanors  and  crimes  of  subjects, 
high  and  low.  The  last  of  the  laws  enumerates  the  interests 
that  the  adelantado  mayor  was  obliged  to  protect.  He  should 
•guard  the  kingdom  against  robbery  and  other  crimes ;  see  that 
the  churches  were  not  injured,  burned,  destroyed  or  entered  by 
force ;  and  protect  the  interests  of  the  clergy,  the  military 
orders,  the  religious  brotherhoods,  the  nobles  and  women  of 
rank.  He  must  keep  the  highways  in  a  safe  condition  for 
travel  and  see  that  no  new  castles  were  built  without  the  con- 
sent of  the  king.  He  should  prevent  the  holding  of  judicial 
proceedings  on  specified  feast  days.  He  must  avoid  the  use  of 
torture,  except  in  rare  cases,  and  then  only  before  a  number  of 
honorable  witnesses.  In  the  appointment  of  minor  judges, 
furthermore,  he  must  not  be  influenced  by  any  gift  or  service. 

The  office  of  adelantado   menor  came  into  existence  about 


No.  4]  THE  OFFICE  OF  AD  ELAN  T ADO 

I23Q.1  The  derivation  of  the  name  was  the  same  as  that  of  the 
higher  official,  for  the  adelantado  menor  was  also  to  take  the 
place  of  the  king.  According  to  the  Partidas  he  was  a  very 
important  official,  "  placed  by  the  king  over  all  the  merinos,  not 
only  over  those  of  the  districts  and  regions  but  also  over  those 
of  the  villages."  2  The  chfef  distinction  between  the  two  offices 
lay  in  the  fact  that,  whereas  the  judicial  functions  of  the  adelan- 
tado menor  were  not  supreme,  his  administrative  functions  were 
more  extensive  than  those  of  the  adelantado  mayor.  He  was 
thus  a  judicial  officer,  endowed  with  extensive  administrative 
powers,  and  placed  in  charge  of  a  certain  designated  district.3 
As  late  as  1681,  in  the  codification  known  as  La  Nueva  Recopi- 
lacion,  provisions  were  included  dealing  with  the  adelantado 
menor.  From  that  time  onward  the  office  fell  into  complete 
disuse.  Because  of  the  abuses  committed  by  the  adelantados 
menores  they  were  supplanted  by  the  alcaldes  mayores. 

The  Siete  Partidas  provides  that  the  adelantado  menor  must 
be  a  man  neither  proud  nor  haughty4;  and  the  Nueva  Recopi- 
lacion  further  specifies  that  he  must  be  able  to  care  for  the 
royal  interests  and  especially  to  protect  the  frontier  districts 
from  evil  and  danger.5  Like  all  other  royal  officials,  he  was 
obliged  to  take  an  oath  to  guard  the  life,  honor  and  priority  of 
the  king;  to  give  his  good  counsel;  to  protect  the  royal  prop- 
erty ;  to  obey  all  the  royal  commands ;  and  to  fulfil  the  duties 
of  his  office  well  and  loyally.6 

The  judicial  functions  of  the  adelantado  menor  were  both 
original  and  appellate.  His  original  jurisdiction  extended  to 
all  civil  cases  involving  either  the  personal  or  real  property  of 

1  "The  first  adelantado  de  la  frontera  was  the  valiant  Fernando  Ruiz  de  Castro, 
who  died  in  Orgaz  about  the  year  1239,  taking  relief  to  Cordova  at  the  command  o£ 
the  king."     Salazar,  Monarchia  de  Espana,  vol.  i,  p.  155. 

2  Partida  2,  titulo  9,  ley  22. 

3  Ibid.     It  is  the  adelantado  of  this  second  and  later  type  who  is  described  by  one 
of  the  older  writers  (Salazar,  Origen  de  las  dignidades  seglares,  fol   61  a)  as,  "  in  time 
of  peace,  the  president  or  chief  justice  of  some  kingdom,  province  or  district,  and,  in 
time  of  war,    the  captain  general,"  and  is  defined   by  a  modern  writer  on  jurispru- 
dence (Escriche,  Diccionario  de  Iegislaci6n  y  jurisprudencia,  vol.  i,  p.  287)  as  "the 
military  and  political  governor  of  a  frontier  province,  corresponding  to  the   Roman 
provincial  president."  4  Partida  2,  titulo  9,  ley  22. 

5 Libro  3,  titulo  4,  ley  I.  6  Partida  2,  titulo  9,  ley  26. 


•650  POLITICAL  SCIEXCE  QUARTERLY        [VOL.  XXVIII 

the  residents  of  his  district  (adelantamiento)  as  well  as  to  cer- 
tain "  specified  matters  of  other  districts."  He  had  cognizance 
of  all  cases  of  justice,  with  the  exception  of  riepto,  broken  truces, 
security  of  the  king  and  counterfeiting.1  Later  legislation  took 
away  from  the  adelantado  menor  original  jurisdiction  over  civil 
matters,  leaving  him  only  in  possession  of  appellate  powers  in 
•that  respect.  In  criminal  matters  his  powers  could  be  exer- 
cised only  in  the  place  where  the  crime  was  committed.2 

The  adelantado  menor  was  placed  over  the  lesser  judicial 
officers  (merinos  and  alcaldes  de  villas"}  of  his  district,  and  was 
empowered  to  hear  appeals  from  their  decisions  in  all  matters. 
In  the  performance  of  this  appellate  function,  as  well  as  in  the 
exercise  of  all  judicial  powers,  he  was  to  be  accompanied  by 
persons  learned  in  the  law  (sabedores  del  fuero)  and  also  by  a 
clerk,3  who  should  be  provided  with  a  book  in  which  a  record 
of  all  decisions  should  be  kept.4  Upon  petition  therefor,  he  was 
obliged  to  grant  appeals  from  his  decisions  to  the  king;  and  in 
case  complaint  was  made  before  him  by  a  noble  in  form  of 
riepto  or  he  had  knowledge  of  treachery  justifying  riepto,  he 
should  refer  the  matter  to  the  king  at  once,  since  matters  con- 
cerning the  nobility  were  beyond  his  powers.5 

Not  less  important  for  the  welfare  of  the  adelantamiento  were 
the  administrative  functions  of  the  adelantado  menor.  He  had 
to  visit  his  district  periodically,  punishing  evil  doers  and  seeing 
that  all  received  justice.  Having  finished  the  visit,  it  was  his 
duty  to  make  a  report  to  the  king  on  the  condition  of  the  coun- 
try. He  was  charged  to  take  care  of  the  interests  of  the  dis- 
trict, especially  avoiding  excessive  expense  and  annoyance  to 
to  the  inhabitants.6  He  could  appoint  lieutenants,7  but  these 
must  not  be  nobles  or  powerful  persons.8  He  also  possessed 
the  power  of  nominating  alcades  menores.9 

In  order  to  protect  the  adelantado  menor  from  dishonor  and 

1  Especulo,  libro  4,  titulo  2,  ley  12. 

2  Nueva  Recopilaci6n,  libro  3,  titulo  4,  ley  15  (Pedro,  1369). 

3  Partida  2,  titulo  9,  ley  22.  4  Nueva  Recopilaci6n,  libro  3,  titulo  4,  ley  18. 
5  Partida  2,  titulo  9,  ley  22.  6  Ibid. 

7  Nueva  Recopilaci6n,  libro  4,  titulo  4,  ley  3  (Henry  II,  1407).         *  Ibid,  ley  5. 
9  Ibid,  ley  16  (Ferdinand  and  Isabella,  1476). 


No.  4]  THE  OFFICE  OF  ADELANTADO  ge  r 

to  cause  the  people  to  hold  him  in  due  respect,  a  series  of  pen- 
alties were  provided  in  the  Espectilot  For  injury  by  word  of 
mouth,  a  fine  of  five  hundred  sueldos  should  be  paid.  If  the 
adelantado  were  wounded  in  hand  or  foot  by  a  common  person, 
the  offender  paid  two  hundred  and  fifty  maravedts  or  forfeited 
the  hand  causing  the  injury.  In  case  the  injury  caused  the  loss 
of  a  member  to  the  official,  the  offender  forfeited  a  hand,  and 
one-fifth  of  his  goods  went  as  an  indemnity  to  the  wounded 
judge.  The  murderer  of  an  adelantado  lost  his  life,  and  one- 
fourth  of  his  property  went  to  the  king.  In  case  the  offender 
were  a  "  rico  ome  de  pie  o  mano"  he  paid  five  hundred  mara- 
vedis  to  the  wounded  judge  and  a  like  amount  to  the  king,  and 
if  he  were  a  "  rico  ome  de  arma"  besides  the  preceding  penalty, 
he  lost  all  his  royal  lands. 

The  office  being  one  of  great  power,  the  Siete  Partidas 
imposed  various  restrictions  upon  its  holders.  The  adelantado 
menor  was  not  permitted  to  bring  accusations  against  any  one 
during  his  term  of  office.2  Neither  he  nor  his  dependents  could 
have  any  business  interests,  directly  or  indirectly,  except  that 
they  might  buy  needful  food  and  clothing,  and,  in  case  they 
received  any  inheritance,  they  might  dispose  of  it  as  they  saw 
fit.3  To  guard  against  possible  abuses  of  authority  and  against 
individual  influences,  the  adelantado  menor  was  forbidden  to 
marry  during  his  term  of  office,  though  he  might  take  a  concu- 
bine if  he  so  desired.4  Because  of  the  nature  of  the  office  he 
was  not  allowed  to  enter  certain  privileged  towns ;  he  must  not 
take  more  than  the  prescribed  fees,  under  pain  of  losing  his 
office;  and  he  was  not  permitted  to  receive  more  than  one 
hundred  and  fifty  maravedis  a  year  for  maintenance  while  visit- 
ing each  locality.5  At  the  close  of  his  term  he  was  held  judi- 
cially responsible  for  all  of  his  acts,  and  even  his  relatives  might 
testify  against  him.6  In  case  it  were  shown  at  the  trial  that  any 
injuries  or  crimes  had  been  committed  because  of  his  negli- 
gence, he  was  obliged  to  pay  a  fine  equal  to  double  the  amount 
of  the  losses.7 

1  Libro  4,  titulo  2,  ley  5.  *  Partida  7,  titulo  I,  ley  2. 

3  Partida  5,  titulo  5,  ley  5.  *  Partida  4,  titulo  14,  ley  2. 

6Nueva  Recopilacion,  libro  3,  titulo  4,  leyes  8,  9  and  n. 

6  Partida  3,  titulo  16,  ley  I.  7Nueva  Recopilaci6n,  libro  3,  titulo  4,  ley  4. 


652  POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 

Such  were  the  nature  and  functions  of  the  office  of  adelantado 
menor  in  Spain  at  the  time  when  she  was  laying  the  foundations 
of  her  colonial  empire  in  the  New  World.1  Since  the  domin- 
ions acquired  beyond  the  seas  were  regarded  as  provinces  of 
Castile,  it  was  natural  that  the  term  adelantado  menor  or  fron- 
terizo,  as  it  had  been  employed  during  the  Moorish  conquest, 
should  be  applied  to  the  persons  who  were  appointed  to  repre- 
sent the  crown  in  these  dominions. 

The  main  problem  that  arises  in  connection  with  the  study  of 
the  office  in  its  new  environment  is  to  determine  whether  it  was 
actually  an  office  or  merely  an  honorific  title.  The  difficulty 
arises  from  the  fact  that  the  adelantado  in  America  possessed 
other  titles,  and  there  is  no  clear  distinction  as  to  what  func- 
tions or  powers  were  associated  with  each  title. 

The  first  adelantado  in  America  was  Bartholomew  Columbus,2 
to  whom  the  office  and  title  were  granted  by  his  brother  Chris- 
topher in  1497.  The  grant  caused  displeasure  at  court,  since 
the  appointment  of  an  official  of  such  high  rank  was  distinctly 
a  prerogative  of  the  crown.3  However,  the  king  and  queen 
saw  fit  to  confirm  the  title  and  office  to  Bartholomew  Columbus 
in  return  for  the  services  he  had  rendered  in  the  Indies.4 

From  the  beginning  of  the  sixteenth  century,  capitulations  or 
contracts  were  made  by  the  Spanish  crown  with  ambitious  men 
who  sought  to  win  fame  and  fortune  through  discovery  and 
exploration  in  the  New  World.  In  the  first  years  of  the  cen- 
tury, however,  no  higher  office  or  title  was  granted  than  that  of 
local  governor  of  the  region  concerned,  and  even  this  was 
accorded  only  in  exceptional  cases.5  By  the  capitulation  drawn 

1  In  the  reign  of  Ferdinand  and  Isabella  the  adelantados  of  Spain  were  those  of 
Castile,   Le6n,   Andalusia,   Murcia,  Granada  and    Cazorla.      Altarnira,  Historia  de 
Espana,  vol.  ii,  p.  454. 

2  Bernard  Moses,  Establishment  of  Spanish  Rule  in  America,  p.  69,  states  that 
Christopher  Columbus  was  given  the  title  of  adelantado.     A  search  of  the  capitula- 
tions and  patents  concerned  has  failed  to  reveal  any  such  grant. 

3  Partida  2,  titulo  I,  ley  2. 

4  Herrera,  Historia  general  de  las  Indias,  dec.  I,  lib.  2,  cap.  15,  gives  an  account 
of  this  affair.     The  patent  confirming  the  office  and  title  was  issued  July  22,  1497, 
and  is  printed  in  full  in  Navarrete,  Viages  etc. ,  vol.  ii,  pp.  217-218. 

5  Of  thirteen  capitulations   made    between   1500  and   1512,  only  two,  those  with 


No.  4]  THE  OFFICE  OF  ADELANTADO 

up  in  1512,  however,  Juan  Ponce  de  Leon  was  promised  the 

title  of  adelantado  *  in  case  he  found  the  land  of  Bimyny.2     In 

this  promise  of  1512  and  in  the  actual  grants  of  1514  to  Vasco 

..      Nunez  de  Balboa  of  the  adelantamiento  of  the  coast  of  the 

--South  Sea,  and  to  Ponce  de  Leon  of  the  adelantamiento  of 

v'jBimyny  and  Florida  is  seen  the  real  beginning  of  the  use  of  the 

*\        term  adelantado  in  America.3 

•**~  As  there  was  no  direct  legislation  on  the  subject  during  the 

early  period  of  colonization,  the  inception  of  the  office  and  title 
of  adelantado  in  the  New  World  must  be  studied  in  the  agree- 
ments (asientos)  and  contracts  or  capitulations  between  the 
crown  and  the  early  discoverers,  and  in  the  patents  granted  to 
the  latter.  From  the  patents  alone  little  information  can  be 
secured.  They  contain  only  an  indication  of  the  territory  in 
which  the  powers  of  the  adelantado  were  to  be  exercised;  a 
statement  that  his  powers  and  prerogatives  were  to  be  the  same 
as  those  of  the  adelantados  of  Castile,  thus  demonstrating  the 

Vicente  Yanez  Pinz6n  and  Alonso  de  Ojeda  (1501),  promised  the  office  of  governor; 
the  other  offices  promised  were  those  of  captain  of  the  ship  or  expedition,  or  captain 
and  corregidor  of  the  area  concerned.  In  a  number  of  the  capitulations  no  mention 
whatever  is  made  of  office  or  title.  See  Documentos  IneYlitos  de  Indias,  first  series, 
vols.  xxii,  xxxi  and  xxxviii,  passim. 

1  "  Item  que  vos  hago  merced  del   titulo  de  Nuestro  Adelantado  de  las  dichas 
Yslas  €  de  las  otras  que  en  la  forma  susodicha  descubrieredes."     Ibid.  vol.  xxii,  pp. 
26  et  seq.     In  common  with  other  writers,  Lowery  errs  in  stating  that  the  first  capit- 
ulation conferred  upon  Ponce  de  Le6n  the  title  of  adelantado.     Op.  cit.  p.  135. 

2  The  name  is  variously  spelled  in  the  documents  of  the  time. 

3  The  capitulation  with  Ponce  de  Le6n  (February  23,  1512)  is^snted  in  Docu- 
mentos Ineditos  de  Indias,  first  series,  vol.  xxii,  pp   26-32.     The  paTfcit  to  Balboa 
was  granted  September  23,  1514,  and  is  preserved  in  copy  in  the  Archives  of  the 
Indies,  est.  109,  caj.  I,  leg.  5,  no.  I,  fol.  174  b-175  b.     At  this  time  Balboa  was  in 
America  and  the  patent  was  sent  to  Alonso  de  Puente,  treasurer  of  Castilla  del  Oro, 
in  a  letter  of  the  same  date  (ibid.  fol.   171;   Documentos  Ineditos  de  Indias,  first 
series,  vol.  xxxvii,  pp.  287-288);   but  this  did  not  reach  Balboa  until  well  into  the 
year  1515  (Oviedo,  Historia  */£.,' vol.  iii,  pp.  42-43;   Quintana,  Vida  de  Balboa,  in 
Biblioteca  de  Autores  Espanoles,  vol.  xix,  p.  297).     Ponce  de  Le6n's  patent  was 
granted   four   days  later  (September  27),  and  is  preserved  in  the  Archives  of  the 
Indies,  est.  139,  caj.   I,  leg.  5,  no.  5,  fol.  19  b-2i  a.     As  he  was  then  at  the  cour 
in  Valladolid,  he  received  the  patent  at  once  (September  30),  as  is  shown  by  his 
autograph  receipt  for  it  (ibid.  fol.  i).     It  is  thus  seen  that  although  the  patent  to 
Balboa  was  dated  a  few  days  earlier  than  that  to  Ponce  de  Le6n,  the  promise  to  the 
latter  had  been  made  two  years  earlier,  and  he  came  into  the  exercise  of  the  powers 
and  privileges  of  the  office  of  adelantado  several  months  before  Balboa  did. 


654  POL1 TICA  L  SCIENCE  Q  UA R  TERL  Y        [ VOL.  XXVIII 

identity  of  the  office  in  the  two  hemispheres;  and  a  command 
to  all  servants  of  the  crown,  both  high  and  low,  to  render  due 
obedience  and  respect  to  the  possessor  of  the  title.1  Not  in  the 
patents,  then,  but  in  the  capitulations  is  to  be  found  the  history 
of  the  changing  thought  of  the  rulers  of  Spain  regarding  the 
organization  of  their  colonial  empire  in  America;  and  in  their 
provisions  the  nature  of  the  office  is  best  exhibited  up  to  the 
time  when  the  regulations  of  the  crown  took  statutory  form  and 
were  duly  codified. 

During  the  course  of  the  sixteenth  century,  which  was  the 
active  period  of  Spanish  discovery  and  exploration  in  America, 
some  seventy  individuals  made  contracts  with  the  crown  to 
undertake  the  extension  of  the  new  realm.  To  less  than  half 

1  Throughout  the  period  of  the  use  of  the  term  adelantado  in  America  the  patent 
was  drawn  up  in  the  same  phraseology.  That  to  Ponce  de  Le6n  (a  copy  of  which  is 
preserved  in  the  general  registers  of  orders,  appointments  etc. ,  Archives  of  the  Indies, 
est.  139,  caj.  I,  leg.  5,  no.  5,  fol.  19  b-2i  a)  is  typical,  and  as  the  patents  are  un- 
published, a  translation  is  here  given  :  "  Don  Fernando,  by  the  grace  of  God  etc.  In 
order  to  grant  benefit  and  favor  to  you,  Juan  Ponce  de  Le6n,  esteeming  the  services 
which  you  have  rendered  to  me  and  those  which  I  expect  you  will  render  in  the  future, 
especially  in  regard  to  that  which  you  have  done  and  performed  in  the  discovery  of 
the  island  of  Bimyny  and  the  island  Florida,  which  are  in  the  Indies  of  the  ocean  sea, 
which  y<  u  have  discovered,  and  on  account  of  the  great  service  which  you  have  ren- 
dered there  in  everything  which  in  the  Indies  has  appertained  to  our  service,  and 
confiding  in  your  sufficiency  and  ability,  in  order  that  there  shall  remain  a  memory  of 
you  and  your  services,  it  is  my  desire  and  will,  with  respect  to  that  which  appertains 
to  me,  that  now  and  in  the  future  during  all  your  life  you  shall  be  my  adelantado  in 
the  said  islands  of  Florida  and  of  Bimyny,  which  you  have  discovered,  and  in  the 
other  islands  and  lands,  which  you  shall  discover  in  those  parts  at  our  command, 
which  have  not  been  discovered  by  any  other  person.  And  you  may  be  able  to  use 
and  may  use  the  said  office  in  everything  connected  with  and  appertaining  to  it,  ac- 
cording to  and  in  the  manner  of  our  adelantados  in  these  kingdoms  of  Castile;  and 
you  may  enjoy  all  the  honors,  concessions,  favors,  exemptions  and  liberties,  preemin- 
ences, prerogatives  and  immunities  which  by  reason  of  the  said  office  you  may  and 
ought  to  enjoy  and  should  be  rendered  to  you.  And  you  may  have  and  possess  all 
the  rights  and  other  things  appertaining  to  and  concerning  the  said  office  of  adelan- 
tado, according  to  law  in  the  manner  in  which  our  other  adelantados  of  the  said  Indies 
enjoy  them.  And  by  this  my  order  I  command  the  councillors,  judges,  magistrates, 
knights,  squires,  officials  and  gentlemen  of  all  the  cities,  villages  and  towns,  which 
there  shall  be  in  the  future  in  the  said  islands  which,  you  shall  discover  in  those 
parts,  that  when  you,  Juan  Ponce  de  Le6n,  have  made  the  oath  and  formality,  which 
are  required  in  such  cases  and  which  you  should  make,  they  shall  have,  receive  and 
consider  you  as  my  adelantado  of  the  said  islands  and  they  shall  exercise  with  you  in 
the  said  office  and  in  all  the  cases  and  things  appertaining  to  and  connected  with  it 
and  shall  observe  and  cause  to  observe  toward  you  all  the  honors,  concessions,  favors, 


No.  4]  THE  OFFICE  OF  AD  ELAN  TA  DO 

of  this  number  was  the  office  and  title  of  adelantado  promised.1 
As  no  grant  has  been  noted  later  than  1600,  the  use  of  the  term 
adelantado  may  be  considered  as  confined  to  this  period. 

Notwithstanding  their  general  similarity  of  tenor,  the  indi- 
vidual clauses  of  the  capitulations  show  a  great  deal  of  varia- 
tion in  order,  form  and  substance.  Four  clauses  are  common 
to  all  the  capitulations:  (a)  a  statement  of  the  object  of  the 
expedition,  together  with  a  permission  or  license  to  undertake 
it;  (b)  a  promise  of  the  grant  of  the  title  of  adelantado;  (<:) 
a  promise  of  the  office  of  governor  of  the  region  to  be  dis- 
covered and  settled ;  and  (d)  a  promise  to  fulfil  the  agreement 
on  the  part  of  the  crown,  provided  that  the  individual  shall 
comply  with  all  the  stipulations  of  the  contract. 

Usually  the  statement  of  the  object  of  the  expedition  was 
brief  and  was  accompanied  by  a  recognition  of  former  services 
as  a  basis  for  the  grant.  The  region  in  which  the  operations 
were  to  be  carried  on  was  specified  as  accurately  as  the  existing 

exemptions  and  liberties,  which  by  reason  of  the  said  office  you  should  have  and 
enjoy  and  which  should  be  observed  toward  you.  And  they  shall  support  and  cause 
to  support  you  in  all  the  rights  connected  with  and  appertaining  to  the  said  office  ac- 
cording to  and  with  that  with  which  they  support  and  must  support  our  other  adelan- 
tados  of  these  said  kingdoms  and  of  the  said  Indies,  and  nothing  more  nor  beyond, 
and  in  conformity  with  the  said  laws.  For  I,  by  these  presents,  admit  you  and  have 
admitted  you  to  the  said  office,  and  I  give  you  power  and  faculty  to  use  and  exercise 
it  in  the  form  above  indicated.  And  I  command  the  illustrious  prince,  Don  Carlos, 
my  very  dear  and  much  beloved  son,  the  princes,  dukes,  prelates,  marquises,  counts, 
grandees,  masters  of  the  orders,  priors,  commanders,  sub-commanders,  wardens  of 
the  castles  and  fortified  and  unfortified  houses,  members  of  my  council,  judges  of  my 
audiencias,  mayors,  sheriffs,  justices  of  the  peace,  magistrates,  knights,  squires,  offi- 
cials and  gentlemen  of  all  the  cities,  villages  and  towns  of  the  said  Indies,  that  this 
favor,  which  I  thus  grant,  of  the  said  office  of  adelantado  of  the  said  islands  of 
Bimyny  and  Florida,  and  the  other  islands  which  you  shall  discover,  they  shall  ob- 
seive  and  fulfil  and  cause  to  observe  and  fulfil  this  my  order,  in  everything  a?  is  con- 
tained in  it;  and  against  the  tenor  and  form  of  it  they  shall  not  go  nor  contravene  i* 
at  any  time  nor  in  any  manner,  under  the  penalty  of  my  favor  and  of  ten  thousand 
for  my  exchequer.  Given  in  the  city  of  Valladolid,  the  27lh  of  September,  514  years. 
I  the  King.  Countersigned  and  signed  by  the  same." 

JOf  seventy  capitulations  examined,  twenty-nine  promised  the  title  of  adelantado. 

Following  is  a  list  of  those  who  are  known  to  have  borne  the  title  of  adelantado 
during  the  sixteenth  century,  given  as  far  as  possible  in  the  order  in  which  they  made 
their  capitulations  with  the  crown.  No  capitulations  or  patents  have  been  seen  for 
those  marked  x,  and  the  dates  of  these,  which  in  some  cases  are  conjectural,  have 
been  determined  from  secondary  sources. 


656 


POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 


DATE 

ADELANTADOS 

REGION  ASSIGNED 

TERM 

1497 
1512 

ISM* 
1518 

1519 

15*9 
!523 
1524 
1526 
1526 
1527 
1527* 
"1528 

1529* 

1529 
rf'53° 
«  1532* 
"1534 

^  1534 
1535 
'!536 

*i536 

i536x 
"1537 
<>  1539* 

*  1540 

*  1540 
^  1540 
"  1544 
*i547 

Vi555x 
1564 
i564 

'1564 
v  1565 
1/1568 
„  1568 

J  1569 
v  i575x 
^I587x 

*  I59ix 
J    1600 

Bartholomew  Columbus  .... 
Juan  Ponce  de  Le6n    
Vasco  Nunez  de  Balboa  .... 

Indias  (i.  e.  the  New  World). 
Bimyny  and  Florida 

One  life. 
One  life. 
Forever. 
Two  lives. 

Forever. 
Forever. 
Forever. 

Forever. 

One  life. 
One  life. 

One  life. 
Forever. 
Two  lives. 

One  life. 

One  life. 
Two  lives. 
Forever. 

One  life. 
Two  lives. 

Two  lives. 
Two  lives. 

Forever. 
Forever. 

Forever.  ' 

South  Sea. 

Diego  Velazquez          .        .    . 
Ferdinand    Magellan    and    Luis 
Falero  .             

Certain  islands      .             ... 

Spice  Islands    

Francisco  Garay  .    .        .... 
Lucas  Vazquez  de  Ayllon    .    .    . 
Rodrigo  Bastidas  ....... 
Francisco  Montejo  .    . 

I'aimco. 
Lands  north  of  Hispaniola  . 
Santa  Marta. 
Yucatan  and  Cocumel  
Rio  de  las  Palmas  to  Florida  .  . 
Bermuda  
5*h£tv,C»*.  34.. 

Santa  Marta  
Coast  of  South  Sea  from  Chinchu, 
200  leagues. 
Tumbez  
Maranon  to  Cape  de  la  Vela  .    . 
Trinidad. 
200  leagues  toward  the  Straits  of 
Magellan  
Rio  de  la  Plata  
Santa  Marta  
From  R.  San  Juan  to  Cartagena 
and   Peru           ... 
200  leagues   from   Rio    Salado, 
New  Andalusia  

Panfilo  de  Narvaez  ...        . 

Fern  an  Camelo     .    .             . 

Pedro  de  Alvarado. 
Enrique  Cinquer  and  Guillermo 
Sayller  
Simon  Alcazaba   

Francisco  Pizarro 

Diego  Ordaz  
Antonio  Sedeno   
Diego  de  Almagro   

Pedro  de  Mendoza  
Pero  Fernandez  Lugo  
Licenciado  Espinosa    

Juan  Despes  

Juan  de  Salinas  Loyola  .... 
Hernando  de  Soto   .    . 

Yguarsongo  .    .                 .... 
Rio  de  las  Palmas  to  Florida.    . 
Rio  San  Juan. 
Rio   de    la    Plata   to    Straits  of 
Magellan. 
Popayan. 
Cartagena 

Pascual  de  Andagoya      .        . 

Alvar  Nunez  Cabeza  de  Vaca  .  . 

Sebastian  de  Belalcazar  .... 
Pedro  de  Heredia 

Francisco  Orellana  
Juan  Sanabria  ...        .    . 

Amazon  ...                 
200  leagues  from  mouth  of  Rio 
de  la  Plata    
Rio  de  la  Plata. 
Western  Islands   
Omagna,  Yomeguas,  Quivandto, 
in  New  Estremadura. 
Rio  de  Darien. 
F  lorida 

Domingo  de  Irala 

Alvaro  de  Amendana  
Pedro  Marvaez  de  Silva  .    .    .    . 

Juan  de  Villora  
Pedro  Menemlez  de  Aviles  .  .    . 
Pedro  Marvaez  de  Silva  .... 
Diego  Hernandez  di  Lerpa.   .    . 
Juan  Ortiz  de  Zarate   .    .    .    .    ? 

New  Estremadura 

New  Andalusia. 
Rio  de  la  Plata   ...          .    . 

Juan  de  Garay  
Juan  de  Torres  
Hernando  Arias  

Rio  de  la  Plata. 
Rio  de  la  Plata. 
Rio  de  la  Plata. 
New  Mexico. 

Juan  de  Onale 

No.  4]  THE  OFFICE  OF  ADELANTADO 

geographical  knowledge  of  the  time  would  permit;  and  the 
earlier  capitulations  commonly  contained  a  prohibition  against 
encroachment  upon  Portuguese  territory.1  Permission  or  license 
to  make  the  expedition  was  then  specifically  given,  accompanied 
by  the  provisions  that  all  expenses  were  to  be  paid  by  the  party 
entering  into  the  contract.  The  purpose  of  the  undertaking 
was  set  forth  as  being  one  or  more  of  the  following,  viz.,  dis- 
covery, exploration,  conquest,  pacification  or  settlement.  In 
the  earlier  capitulations  the  emphasis  is  on  discovery  and  con- 
quest ;  later  the  use  of  the  term  conquest  fell  into  disfavor,  and 
for  it  was  substituted  in  most  cases  the  word  pacification.  Set- 
tlement was  almost  always  included  as  one  of  the  chief  objects 
of  the  expedition.  To  the  later  capitulations  was  usually  pre- 
fixed a  species  of  introduction,  consisting  of  a  long  and  elabor- 
ate statement  of  the  propositions  advanced  by  the  person  seek- 
ing the  grant.  If  the  demands  were  not  in  excess  of  what  the 
'crown  was  willing  to  concede,  most  of  the  clauses  of  this  pre- 
liminary statement  were  repeated  in  the  main  body  of  the 
capitulation. 

The  capitulation  proper  determined  the  obligations  of  the 
individual  and  of  the  crown  and  the  privileges  accorded  to  the 
former.  There  was  no  fixed  order  in  the  arrangement  of  the 
clauses  and  no  separation  of  them  into  distinct  groups :  they 
seem  to  have  been  put  down  at  the  caprice  of  whatever  person 
happened  to  draw  up  the  document.  Constant  repetition  and 
the  drafting  of  legislation  on  the  subject  of  discoveries  made 
the  order  of  the  later  capitulations  somewhat  more  uniform. 

In  addition  to  carrying  into  effect  whatever  might  be  inci- 
dental to  the  work  of  discovery  and  exploration,  the  adelantado 
undertook  to  conquer  or  pacify  and  settle  the  region  entrusted 
to  him  and  to  seek  the  conversion  of  the  natives  to  Christian- 
ity. To  these  ends  the  proposed  expedition  had  to  be  duly 
equipped  and  provisioned,  and  a  number  of  priests  or  brothers 

'General  registers  of   orders,  appointments  etc.,  Archives  of  the  Indies,  est.  139, 

caj.  I,  legs.  I  and  2.     Many  of  the  capitulations  are  printed  in  Documentos  Ineditos 

de  Indias,  first  series,  vols.  22  and  23.     Misprints  and  other  errors  are  so  numerous 

in  this  series  that,  wherever  possible,  the  originals  should  be  consulted.      Cf.  Lowery,. 

'  op.  cit.  p.  146,  note. 


658  POLITICAL  SCIENCE  QUARTERLY        [ VOL.  XXVIII 

of  the  religious  orders  had  to  be  taken  along.  In  every  case  it 
was  specified  or  implied  that  all  this  must  be  accomplished  at 
the  expense  of  the  adelantado,  but  with  the  hope  of  reimburse- 
ment from  the  profits  of  the  new  colony,  should  the  expedition 
be  successful. 

The  size  of  the  expedition  and  the  extent  of  the  settlements  to 
be  made  were  not  always  specified.  The  number  of  vessels  was 
usually  stated  to  be  that  needful  for  the  accomplishment  of  the 
task,  or  that  which  the  applicant  desired  or  was  able  to  send  out. 
Provision  was  often  made  for  the  fitting-out  of  fleets  over  a 
period  of  years.  The  number  of  settlers  or  of  persons  to  take 
part  in  the  expeditions,  wherever  mentioned,  varies  from  twenty 
to  five  hundred,  but  the  number  rarely  fell  below  one  hundred. 
At  times  the  capitulations  fix  the  number  of  settlements  to  be 
founded,  each  of  which  usually  was  to  have  at  least  a  hundred 
inhabitants. 

As  it  was  customary  to  grant  a  monopoly  of  the  privilege  of 
discovery,  conquest  and  trading  rights,  it  was  found  convenient 
to  place  a  time  limit  for  the  fulfilment  of  the  terms  of  the  con- 
tract. The  common  limit  was  one  year;  but  in  some  cases  it 
was  slightly  less  and  in  a  few  considerably  more,  the  extreme 
limit  of  ten  years  being  found  in  the  capitulation  with  Magellan. 

The  protection  of  the  newly  established  colony  was  almost 
always  the  subject  of  a  clause  in  the  capitulation.  The  indi- 
vidual entering  into  the  agreement  was  obliged  to  build  a  num- 
ber of  forts,  usually  from  two  to  four,  in  suitable  locations, 
either  chosen  by  himself  or  in  conjunction  with  the  advisers 
indicated  by  the  crown.  These  were  to  be  of  a  size  and 
strength  sufficient  to  afford  ample  protection  to  the  settlers  and 
were  to  be  built  at  the  expense  of  the  adelantado.  In  some 
cases  it  was  provided  that  the  initial  cost  of  them  should  be 
repaid  out  of  the  profits  accruing  to  the  crown  from  the  ven- 
ture. In  return  for  this  outlay  the  adelantado  was  given  the 
command  of  each  of  the  forts  for  one  or  more  lives,1  with  an 

1  The  term  "  one  or  more  lives,"  as  used  in  this  paper,  refers  to  the  period  of  time 
for  which  offices  and  titles  conferred  by  the  Spanish  crown  were  to  be  held.  One 
life  indicates  that  the  grant  was  to  last  during  the  life  of  the  grantee  only;  two  lives, 
during  that  of  the  grantee  and  that  of  his  son  or  heir;  and  so  on.  The  expressions 
commonly  used  were:  one  life,  two  live?,  three  lives,  and  forever. 


No.  4]  THE  OFFICE  OF  ADELANTADO  659 

annual  salary  for  each  one  ranging  from  sixty  thousand  to  one 
hundred  and  fifty  thousand  maravedts.  In  order  also  to  pro- 
tect the  new  possessions  from  dangerous  influences,  it  was 
provided  that  certain  classes  of  persons,  including  foreigners, 
lawyers  and  individuals  under  the  ban  of  the  Inquisition  should 
not  be  taken  on  any  of  the  expeditions. 

The  treatment  of  the  Indians  was  the  subject  of  much  atten- 
tion in  the  capitulations.  The  adelantado  was  bound  to  observe 
all  ordinances  and  laws  regarding  these  new  subjects  of  the 
crown,  particularly  those  which  guaranteed  them  the  status  of 
freedom.  After  1526  it  was  customary  to  include  in  each 
capitulation,  either  integrally  or  by  title,  the  general  enactments 
of  Charles  V  on  the  subject/ 

Certain  special  rights  were  usually  conferred  upon  the  ade- 
lantado, some  of  which  were  to  be  exercised  in  Spain.  Thus 
he  was  authorized  to  recruit  followers  in  Castile  or  other  speci- 
fied places,  and  he  had  permission  to  purchase  all  necessary 
supplies,  often  free  of  taxation.  He  was  to  receive  all  possible 
aid,  also,  in  the  preparation  of  his  expedition,  and  officials  of- 
every  kind  were  specifically  forbidden  to  interfere  in  any  way- 
with  his  plans. 

In  the  adelantamiento  proper  very  extensive  powers  were  be-- 
stowed.  The  adelantado  had  the  privilege  of  granting  land  and 

'These  enactments  were  issued  at  Granada,  November  17,  1526.  After  an  intro-. 
duction  describing  the  abuses  that  had  prevailed  in  the  founding  of  settlements  and 
in  the  treatment  of  the  Indians,  they  provide  (a)  that  an  investigation  of  such  abuses; 
shall  be  undertaken;  (b)  that  the  Indians  shall  be  treated  as  free  subjects  of  the 
crown;  (c]  that  two  priests  shall  be  taken  on  each  expedition;  (</  >  that  these  priests 
shall  see  that  the  enactments  are  obeyed;  (<?)  that  no  landings  shall  be  made  at  other 
than  specified  places;  (/)  that  the  Indians  shall  be  notified  on  landing  that  the 
purpose  of  the  expedition  is  to  convert  and  civilize  them;  (g)  that  forts  shall  be 
built  if  necessary;  (h]  that  no  bartering  shall  be  carried  on  by  force:  (»')  that  no 
Indians  shall  be  enslaved  unless  they  refuse  to  accept  religious  instruction  and  to 
yield  obedience,  and  then  only  with  the  consent  of  the  priests  and  after  the  fulfil, 
ment  of  due  legal  forms;  (/)  that  the  Indians  shall  not  be  compelled  to  work,  but 
may  be  hired  for  the  purpose;  (k)  that  Indians  may  be  granted  in  encomiemia  (cf, 
infra]  to  Christian  persons,  when  this  shall  be  for  their  benefit;  (//  that  the  expe- 
dition shall  be  recruited  in  Castile;  and  I  m)  that  the  discoverer  shall  receive  due  re- 
ward if  the  terms  of  the  capitulation  are  complied  with.  The  enactments  are  given 
substantially  in  the  capitulation  with  Panfilo  de  Narvaez.  Documenlos  ln£ditos  de 
Indias,  first  series,  vol.  xxii,  pp.  231-244. 


660  POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 

water  rights  to  the  settlers  whom  he  took  with  him.  He  could 
assign  Indians  in  encomienda,1  usually  only  for  one  or  two  lives. 
Exemptions  from  taxation  were  allowed,  not  only  to  the  ade- 
lantado,  but  also  to  the  settlers  and  even  at  times  to  such  mer- 
chants as  might  go  to  the  colony.  The  adelantado  was  freed 
for  life  from  the  payment  of  import  duties  (almojarifazgo), 
and  the  settlers  were  granted  the  same  exemption  for  periods 
ranging  from  six  to  ten  years.  The  tax  on  sales  (alcabala), 
also,  was  usually  waived  for  either  ten  or  twenty  years.  An- 
other valuable  favor  to  the  adelantado  was  the  grant,  for  life  or 
for  a  term  of  years,  of  a  share  (ordinarily  a  twentieth  or  a 
twelfth)  of  the  entire  amount  of  the  profits  of  the  colony  accru- 
ing to  the  crown.  In  the  ecclesiastical  tithe,  however,  which  in 
America  was  a  perquisite  of  the  crown,  the  adelantado  had  no 
share,  though  a  portion  of  the  proceeds  of  the  tithe  was  often 
assigned  for  the  building  of  churches  in  the  new  colony. 

Gold  and  precious  metals  were  the  articles  from  which  the 
greatest  profit  was  expected,  and  the  crown  was  naturally  desir- 
ous of  securing  the  most  ample  share  of  them.  It  seems  that 
the  ultimate  aim  was  always  to  secure  a  fifth ;  but  as  this  per- 
centage was  evidently  considered  rather  high  for  the  first  few 
years  of  a  new  enterprise,  it  was  customary  to  make  concessions 
by  which  the  adelantado  and  his  followers  were  not  obliged  to 
pay  the  full  fifth.  At  first  a  progressive  scale  was  arranged, 
viz.,  one-tenth  the  first  year,  one-ninth  the  second  and  so  on 
until  the  crown's  share  should  be  one-fifth.  Later  a  distinction 
was  made  between  mined  gold  and  that  secured  by  barter  or 
otherwise.  Mined  gold  paid  one-tenth  for  a  period  of  six  or 
ten  years  and  then  was  subject  to  the  progressive  scale,  whereas 
gold  secured  by  barter  paid  one-fifth  from  the  beginning,  and 
that  found  in  sepulchres  and  like  places  paid  one-half. 

In  many  of  the  later  capitulations  there  was  a  clause  regard- 

1  Literally  "  commandery."  The  term  indicates  the  arrangement,  which  early  be- 
came usual,  under  which  a  group  of  Indians  were  assigned,  usually  under  their 
"  cacique"  or  chief,  to  some  Spaniard  of  good  repute  who  would  oblige  them  to 
work  under  humane  conditions  and  who  would  see  to  it  that  they  were  taught  the 
Christian  faith.  Both  coercion  to  labor  and  conversion  to  Christianity  were  viewed 
•as  means  of  uplifting  them  from  barbarism  to  civilization. 


No.  4]  THE  OFFICE  OF  ADELANTADO 

ing  the  disposition  of  the  property  or  ransom  of  captured 
princes.  Of  this  property  or  ransom,  the  king  was  to  receive 
one-sixth  and  the  remainder  was  to  go  to  the  captors ;  but  in 
case  the  chief  were  killed,  one-half  of  the  property  was  to  go  to 
the  king. 

The  obligations  of  the  crown  consisted,  as  a  rule,  in  the 
bestowal  of  honors  rather  than  in  the  assumption  of  any  finan- 
cial liability.  Of  course  the  protection  of  the  government  was 
given  to  the  adelantado,  assuring  him  due  honor  and  respect, 
not  only  in  his  own  adelantamiento,  but  also  in  all  parts  of  the 
kingdom.  Ordinarily  he  was  to  enjoy  a  monopoly  of  carrying 
on  expeditions  to  the  colony  and  of  trading  and  fishing  rights 
within  his  district. 

The  office  of  adelantado  was  granted  for  one  or  two  lives  or 
in  perpetuity,  usually  with  the  power,  in  case  the  incumbent 
had  no  heir,  to  name  his  successor.  No  specific  salary  was 
connected  with  the  promise  of  the  office,  but  in  some  of  the 
later  capitulations  it  is  stated  that  he  shall  enjoy  such  salaries 
as  appertain  to  the  office.  Furthermore,  as  a  rule,  the  adelan- 
tado was  made  high  sheriff  (alguazil  mayor),  but  separate  pat- 
ents were  granted  for  each  of  the  offices.  The  term  of  the 
latter  office  was  generally  the  same  as  that  of  the  office  of 
adelantado,  and  no  salary  was  connected  with  the  position. 
The  most  important  power  of  the  alguazil  mayor  was  the 
appointment  of  the  ordinary  sheriffs  or  bailiffs. 

Every  adelantado  was  made  governor  of-  the  province  that  he 
might  settle,  thus  giving  him  control  of  the  political  administra- 
tion. This  office  was  granted  for  one  life  or  for  two  lives,  and 
carried  with  it  not  only  a  considerable  salary  but  also,  at  times, 
a  yearly  grant  of  financial  aid.  When  stipulated  in  maravedis, 
the  salary  ranged  from  150,000  to  725,000;  when  in  ducats, 
from  1000  to  5000.  The  larger  salaries  carried  with  them  the 
obligation  to  pay  an  extensive  retinue  or  certain  prescribed  lesser 
officials.1  The  salary  was  always  to  be  provided  from  the  in- 
come of  the  province,  never  from  the  royal  exchequer  at  home. 

1  In  1530  Diego  de  Ordaz  was  obliged  to  pay  a  justice  of  the  peace,  ten  squires, 
thirty  laborers,  a  physician  and  a  druggist.  Archives  of  the  Indies,  est.  139,  caj.  I, 
leg.  2,  no.  3,  fol.  5. 


662  POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 

In  order  that  the  adelantado  might  control  the  military  or- 
ganization of  his  province,  he  was  made  captain-general.  The 
promise  of  this  office  often  appears  in  the  same  clause  with  that 
of  governor,  although  separate  patents  were  usually  issued.  An 
ample  salary  was  provided,  sometimes  separate  from  that  as 
governor  and  sometimes  included  in  it. 

The  final  clause  of  every  capitulation  was  a  promise  of  the 
sovereign  to  comply  with  the  terms  of  the  agreement,  in  case 
the  adelantado  fulfilled  all  that  was  required  of  him.  A  typical 
example  of  this  clause  is  to  be  found  in  the  capitulation  of  1526 
with  Francisco  Montejo,  adelantado  of  Yucatan : 

If  you  do  that  which  is  indicated  above  at  your  own  expense  and  in  the 
manner  already  set  forth,  observing  and  complying  with  the  said  pro- 
vision which  is  incorporated  above  and  all  the  other  instructions  which 
we  shall  order  you  to  observe  and  to  do  for  the  said  land  and  for  the 
conversion  of  the  natives  to  our  holy  Catholic  faith,  I  say  and  promise 
that  this  capitulation  and  everything  contained  in  it  shall  be  fulfilled 
exactly  to  you  as  is  indicated  above.1 

A  study  of  the  capitulations  entered  into  by  persons  who  did 
not  receive  the  office  of  adelantado  shows  a  remarkable  similar- 
ity to  those  examined  above.  In  fact,  every  clause  of  import- 
ance in  the  capitulations  of  the  adelantados  is  to  be  found  in 
one  or  more  of  the  capitulations  of  the  non-adelantados,  with 
the  exception,  of  course,  of  the  clause  promising  the  office  and 
title  in  question.  Except  for  the  fact  that  the  expeditions  of  the 
non-adelantados,  as  a  rule,  were  not  so  large  as  those  of  the 
adelantados,  and  that  the  non  adelantado  was  obliged  to  build 
only  one  or  two  forts,  the  form  and  content  of  the  capitulations 
of  the  two  classes  of  discoverers  was  substantially  the  same. 

Formal  legislation  regarding  the  office  of  adelantado  in 
America  is  first  found  in  the  Ordenanzas  sobre  descubrimiento 
nuevo  e  poblacion,  issued  by  Philip  II  at  Segovia  in  1563.* 
These  ordinances  were  confirmed  ten  years  later,3  and  finally 
were  incorporated,  practically  without  change,  in  the  legal  code 

^ocumentos  Ineditos  de  Indias,  first  series,  vol.  xxii,  p.  223 

*  Ibid.  vol.  viii,  pp.  484-537.  3  Ibid.  vol.  xvi,  pp.  142-187. 


No.  4]  THE  OFFICE  OF  ADELANTADO 

known  as  the  Laws  of  the  Indies.1  After  the  publication  of 
these  ordinances,  the  capitulations  were  little  more  than  a  repe- 
tition of  their  provisions.  They  specify,  in  a  minute  and 
orderly  manner,  all  the  customary  obligations,  duties  and  privi- 
leges of  persons  making  contracts  with  the  crown  for  discoveries 
and  settlements,  and  receiving  in  return  therefor  the  office  and 
title  of  adelantado,  or  some  other.  They  show,  also,  that  the 
adelantado  was  the  highest  in  rank  of  the  three  offices  conferred 
for  the  purposes  in  question,  viz.,  adelantado,  alcalde  mayor 
and  corregidor. 

From  the  language  of  the  Ordenanzas  and  from  the  terms  of 
the  capitulations  themselves  it  is  clear  that  the  adelantado  pos- 
sessed administrative,  legislative  and  judicial  powers  in  his 
colony.  Among  his  administrative  functions  was  that  of  grant- 
ing in  encomienda,  for  purposes  of  labor  and  of  religious 
instruction,  all  Indians,  not  otherwise  assigned,  and  all  who 
might  become  available  therefor  during  his  term.  If  they  were 
within  the  district  of  a  Spanish  settlement,  the  grant  could  be 
for  two  lives  and,  if  without,  for  three  lives.  There  was,  how- 
ever, one  important  limitation :  the  power  to  assign  Indians  liv- 
ing in  ports  and  capitals  of  the  provinces  was  not  conferred 
upon  the  adelantados  but  was  always  reserved  to  the  crown. 

The  power  of  appointing  lesser  officials  was  conferred  upon 
the  adelantado ;  in  some  cases  absolutely,  in  others  only  to  a 
limited  extent.  Having  organized  his  province  by  dividing  it 
into  suitable  districts  known  as  alcalaias  mayores,  corregimientos 
and  alcaldms  ordinarias,  he  could  fill  the  first  two  offices  by 
appointment  and  confirm  the  elections  made  by  town  councils 
to  the  last.  A  suitable  salary  had  to  be  provided  by  him  for 
each  of  these  officials.  He  could  also  name  the  regidores  and 
other  town  officials  of  the  new  settlements,  in  cases  where  they 
were  not  otherwise  provided  for  by  the  crown,  subject  to  the 
condition  that  they  should  be  confirmed  by  royal  order  within 
four  years.  In  conjunction  with  the  councils  (cabildos)  of  the 
new  towns,  the  adelantado  had  to  provide  commons,  watering- 

1  The  Spanish  title  is  Recopilaci6n  de  leyes  de  los  Reynos  de  las  Indias.  The  first 
edition  was  published  in  1681,  by  order  of  Charles  II.  For  a  discussion  of  the  code 
/.  H.  H.  Bancroft,  History  of  Central  America,  vol.  i,  pp.  285  et  seq. 


664  POLITICAL  SCIENCE  QUARTERLY         [VOL.  XXVIII 

places,  highways  and  roads  needful  for  the  development  of  the 
settlement. 

The  financial  powers  of  the  adelantado  were  not  inconsider- 
able. He  and  his  successor  could  make  dies  for  the  coinage  of 
money.  With  the  consent  of  the  officials  of  the  royal  treasury 
of  the  colony,  he  might  employ  its  funds  to  such  an  extent  as 
should  be  necessary  for  the  suppression  of  rebellion.  He  could 
also  make  temporary  appointments  to  fill  vacancies  in  the  treas- 
ury department. 

The  ordinary  military  power  necessary  for  the  general  ad- 
ministration of  the  colony  was  vested  in  the  adelantado.  In 
particular,  he  was  to  build  three  forts  and  to  arm  and  provision 
them.  The  command  of  these  forts  was  vested  in  him  and  his 
heirs  perpetually,  with  a  suitable  salary  to  be  paid  by  the  royal 
treasury  from  taxes  collected  in  the  province  itself. 

The  legislative  power  of  the  adelantado  included  the  making 
of  ordinances  for  the  government  of  the  colony  and  for  the 
working  of  the  mines,  provided  that  such  ordinances  were  not 
contrary  to  justice  or  to  royal  orders.  The  ordinances  of  the 
adelantado  were  valid  for  two  years;  in  order  to  continue 
longer  in  force,  they  had  to  be  confirmed  by  the  king. 

Both  civil  and  criminal  jurisdiction  was  placed  in  the  hands 
of  the  adelantado,  but  only  on  appeal  from  the  lieutenant-gov- 
ernor, alcalde  mayor,  corregidor  or  alcalde  ordinario.  From 
his  decision  an  appeal  might  be  taken  to  the  Council  of  Indies, 
in  civil  cases  involving  amounts  greater  than  six  thousand  dol- 
lars, and  in  criminal  cases  where  the  penalty  imposed  was  death 
or  mutilation.  It  was  also  provided  that  the  adelantado  should 
be  directly  responsible  to  the  Council  of  the  Indies ;  and  vice- 
roys and  audiencias  were  forbidden  to  meddle  in  the  affairs  of 
the  adelantamiento.1 

1  The  viceroy  in  the  Spanish  provincial  organization  was  the  representative  of  the 
crnwn  and  the  highest  administrative  officer,  having  also  judicial  and  military  powers. 
The  first  viceroyalty  was  established  in  1534  in  Mexico.  Later  three  others  were 
formed  to  govern  the  whole  of  Spanish  America,  viz.,  Peru  (1542),  New  Granada 
(1717,  1739)  and  Buenos  Aires  (1776).  The  audiencia  was  a  high  court  of  justice, 
exercising  at  times  certain  administrative  powers.  It  also  served  in  an  advisory 
capacity  to  the  viceroy  and  formed  a  check  upon  his  powers.  The  first  audiencia 
was  established  in  Santo  Domingo  in  1511. 


No.  4]  THE  OFFICE  OF  ADELANTADO 

As  already  observed,  the  adelantado  enjoyed  many  privileges 
and  exemptions,  both  because  of  his  rank  and  because  of  the 
great  expenses  to  which  he  might  be  put.  The  privileges  in 
question  fall  into  two  classes :  those  to  be  enjoyed  in  Spain  be- 
fore the  departure  of  the  expedition,  and  those  to  be  enjoyed 
in  the  colony  itself.  The  first  class  included  such  favors  as 
would  aid  in  the  preparation  and  execution  of  the  work  pro- 
jected. The  leader  of  the  expedition  could  enlist  men  any- 
where in  the  kingdoms  subject  to  the  crown  of  Castile  and 
Leon,  and  avail  himself  of  all  means  of  advertisement  necessary 
to  attract  public  attention  to  his  undertaking.  While  this  was 
being  done,  the  local  officials  were  especially  charged  not  to  in- 
terfere in  the  least  with  his  plans,  but  rather  to  do  whatever  they 
could  to  further  them.  Whoever  enlisted  in  the  expedition  of 
the  adelantado,  furthermore,  was  compelled  to  obey  him  and 
must  not  desert  him  or  join  any  other  expedition,  without  due 
permission,  under  pain  of  death.  All  officials  were  instructed 
to  grant  every  facility  for  the  passage  of  the  expedition  through 
their  districts  and  for  its  departure.  It  was  especially  provided 
that  no  restrictions  should  be  placed  upon  the  inclusion  of  the 
necessary  live  stock  in  the  supplies  to  be  taken  to  the  colony. 
The  House  of  Trade  (Casa  de  Contratacion)  at  Seville  was  ob- 
ligated to  do  everything  in  its  power  to  aid  the  undertaking, 
even  to  the  extent  of  not  investigating  the  character  of  the  per- 
sons who  were  enlisted  in  it.  However,  the  adelantado  should 
see  to  it  that  all  his  followers  were  persons  of  good  character 
and  that  none  of  the  prohibited  classes  were  included. 

The  greatest  privilege  enjoyed  in  the  adelantamiento  as  such 
was  the  right  of  the  adelantado  to  select  for  himself  in  the  dis- 
trict of  each  Spanish  settlement  a  repartamiento  and  to  ex- 
change it  for  a  better  one  should  the  occasion  arise.  This  he 
could  bequeath  to  his  eldest  son  or  divide  among  his  children, 
either  legitimate  or  natural.  He  was  also  permitted  to  own 
encomiendas  in  provinces  outside  of  the  adelantamiento.  The 
adelantado,  also,  could  import  each  year  a  fixed  number  of  negro 
slaves  and  two  shiploads  of  arms  and  provisions,  free  of  duty. 
In  the  customary  judicial  investigation  (residencici)  at  the 
end  of  the  term  of  office,  the  services  of  the  adelantado  were 


666  POLITICAL  SCIENCE  QUARTERLY        [VOL.  XXVIII 

to  receive  due  consideration,  and  the  conduct  of  the  trial  was 
to  be  regulated  accordingly.  If  the  contract  had  been  ful- 
filled, the  crown  would  grant  to  the  adelantado  encomiendas 
in  perpetuity,  together  with  the  title  of  marquis  or  some  other 
of  like  rank,  as  well  as  extensive  tracts  of  land. 

Finally,  it  was  provided  in  the  Ordenanzas  that  "  discovery, 
settlement  and  pacification  with  the  title  of  adelantado  should 
be  given  and  conceded  only  in  provinces  not  contiguous  with 
the  district  of  the  province  of  a  viceroy  or  royal  audiencia, 
from  which  the  region  could  be  easily  governed,  and  the  dis- 
covery, settlement  and  pacification  could  be  made."1  Where 
the  settlements  were  to  be  formed  within  the  jurisdiction  of  a 
viceroy  or  an  audiencia,  the  title  of  alcalde  mayor  or  corregidor 
was  to  be  granted. 

Such  then  was  the  dignity  offered  to  induce  the  ambitious 
Spaniard  to  leave  his  home  and  to  brave  the  wilds  of  an  un- 
known wilderness  for  the  purpose  of  extending  the  dominions 
of  his  sovereigns  in  the  New  World  and  of  seeking  the  con- 
version of  its  native  inhabitants  to  the  religion  of  his  race, 
always,  of  course,  with  the  hope  that  great  wealth  would  come 
to  himself.  The  size  of  the  expedition,  the  obligations  imposed 
and  the  expense  involved  limited  the  holding  of  the  office  of 
adelantado  to  members  of  the  nobility  or  to  men  of  ambition 
who  had  served  as  subordinates  in  earlier  expeditions  and  had 
been  enabled  to  acquire  the  financial  means  for  more  ambitious 
projects. 

On  the  basis  of  the  foregoing  study,  the  attempt  can  now  be 
made  to  determine  whether,  in  America,  adelantado  was  merely 
an  honorific  title  or  designated  an  office  with  functions  actually 
to  be  performed.  The  confusion  on  this  point  arises  from  the 
incompleteness  of  the  legislation  of  the  time,  from  the  fact  that 
identical  functions,  powers  and  privileges  were  granted  to 
officials  bearing  different  titles  and  ranks,  and  that  the  adelan- 
tado always  held  a  number  of  other  offices  which  were  never 
clearly  differentiated  from  that  of  adelantado. 

1  Ordenanza  87,  Documentos  Ineditos  de  Indias,  first  series,  vol.  viii,  p.  513. 
This  had  not  been  the  rule  up  to  this  time  (1563),  nor  was  it  strictly  adhered  to 
afterwards,  as  is  seen  in  the  case  of  Juan  de  Onate,  adelantado  of  New  Mexico. 


No.  4]  THE  OFFICE  OF  ADELANTADO 

At  first  glance  it  would  appear  that  adelantado  was  nothing 
more  than  an  honorific  distinction.  In  substantiation  of  this 
view  two  facts  may  be  cited :  first,  that  the  adelantado  was 
ipso  facto  governor,  captain  general  and  high  sheriff  of  his 
colony  and  that  the  duties  he  had  to  perform  belonged  to  these 
offices ;  and  second,  that  many  of  the  local  governors  who  were 
not  adelantados  possessed  the  same  functions  as  the  latter. 

On  the  other  hand  there  are  several  considerations  that  tend 
to  prove  that  adelantado  was  more  than  an  ornamental  title ; 
that  it  designated  an  office  with  functions  of  its  own,  even 
though  these  functions  were  at  times  discharged  and  later  taken 
over  completely  by  other  officials. 

The  relation  of  the  term  as  used  in  America  to  its  use  in 
Spain  precludes  the  idea  that  it  was  merely  an  honorific  title. 
In  the  establishment  of  a  colonial  system,  offices  and  functions 
common  in  Spain  would  naturally  be  transplanted.  In  Spain 
the  adelantado  was  a  judicial  and  executive  officer  of  high  rank. 
The  dignity  was  commonly  conferred  upon  persons  who  under- 
took the  conquest  of  territory  from  the  Moors.1  The  same 
crusading  spirit  was  carried  over  to  America,  and  the  use  of  the 
term  adelantado  may  be  considered  as  identical  in  the  two 
hemispheres.  If  this  be  true,  it  can  hardly  be  supposed  that 
an  office  endowed  with  such  important  functions  could  suddenly 
be  transformed  into  a  title  simply,  because  applied  to  conditions 
which  were  not,  after  all,  so  very  dissimilar  to  those  prevalent 
in  Spain  during  the  period  of  the  Reconquest. 

This  view  of  the  matter  is  supported  by  the  language  of  the 
capitulations  themselves. 

You  may  use  the  said  office  in  everything  connected  with  and  apper- 
taining to  it,  according  to  and  in  the  manner  of  our  adelantados  in 
these  kingdoms  of  Castile,  and  you  may  enjoy  all  the  honors,  conces- 
sions, favors,  exemptions  and  liberties,  preeminences,  prerogatives  and 
immunities,  which  by  reason  of  the  said  office  you  may  and  ought  to 
enjoy, 

is  the  phraseology  used  to  indicate  the  extent  of  the  adelan- 

1  The  grant  of  the  adelantamiento  of  Cazorla  to  the  bishop  of  Toledo,  in  return  for 
the  conquest  of  the  region,  is  a  notable  example. 


668  POLITICAL  SCIENCE  QUARTERLY 

tado's  powers  and  privileges.  A  reference  to  the  legislation  of 
the  Siete  Partidas  and  of  other  early  codes  shows  the  duties 
that  he  had  to  perform  and  the  privileges  that  he  should  enjoy. 
Again,  in  the  ordinances  of  1563,  the  offices  of  adelantado, 
alcalde  mayor  and  corregidor  bestowed  upon  the  leaders  of 
expeditions  for  discovery  and  settlement  are  differentiated  from 
one  another  in  rank  and  in  the  stipulations  to  be  fulfilled.  This 
legislation  must  be  regarded  as  the  crystallization  of  earlier 
practice  and  an  evidence  of  what  had  been  the  custom  during 
the  preceding  half  century.  The  two  latter  titles  certainly 
carried  with  them  functions,  and  it  is  reasonable  to  infer  that 
the  same  was  true  in  the  case  of  the  adelantado.  The  ordi- 
nances, furthermore,  provide  that  there  shall  be  an  investigation 
(residencia)  of  his  administration,  precisely  as  in  the  case  of 
other  officials  who  had  served  the  crown.  And  if  this  were  not 
enough,  a  survey  of  the  actual  administration  of  their  respective 
provinces  by  adelantados,  such  as  Ayllon,  Montejo,  Pizarro, 
Mendoza,  Cabeza  de  Vaca,  Belalcazar,  Irala,  Menendez  de 
Aviles,  Garay,  Onate  and  others,1  who  succeeded  in  exercising 
the  authority  with  which  they  were  invested,  would  show  that 
the  title  was  one  of  office  and  not  simply  of  honor. 

The  reason  for  the  discontinuance  of  the  office  and  title  of 
adelantado  in  America  lies  in  the  fact  that  their  bestowal 
belonged  in  a  peculiar  sense  to  the  period  of  discovery  and 
conquest.  By  the  beginning  of  the  seventeenth  century  most 
of  the  territory  claimed  by  Spain  had  been  brought  under  the 
administrative  control  of  viceroys  and  under  the  judicial  power 
of  audiencias.  Since  no  region  was  left  in  which  administrative 
and  judicial  functions  could  be  combined  to  the  advantage  of 
colonial  organization  in  the  hands  of  a  special  officer  like  the 
adelantado,  the  office  necessarily  disappeared  along  with  the 
circumstances  responsible  for  its  introduction. 

ROSCOE  R.  HILL. 

COLUMBIA  UNIVERSITY. 

1  Cf.  supra,  p.  655,  note  I. 


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